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People v. Heller

Supreme Court of New York, Second Department

October 9, 2013

People of State of New York, respondent,
v.
Gary Heller, appellant.

Steven A. Feldman, Uniondale, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.

MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO JOHN M. LEVENTHAL PLUMMER E. LOTT, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated April 6, 2012, which, after a hearing, designated him a level three sex offender, a sexually violent felony offender, and a predicate sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel at the hearing to determine his risk level pursuant to the Sex Offender Registration Act (see Correction Law article 6-C; People v Benevento, 91 N.Y.2d 708, 712; People v Bowles, 89 A.D.3d 171, 181).

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.


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